Do hospitals settle out of court for negligence?
The short answer is: Yes, but every case is different so please speak to a legal team about your situation.
Medical negligence payouts range from tens of thousands of dollars to millions of dollars. Depending on the severity of your injuries, the total compensation amount can include:
- Lost income – the amount of income you’ve lost through time off work
- Medical expenses – resulting from your injuries
- Travel expenses – to and from medical appointments and treatment
- Domestic assistance – the cost of getting help with home duties
- Pain and suffering – an amount to compensate you for your pain and suffering, based on the extent of your injuries
- Future losses – for example, your future earnings that you will miss out on as a result of your injuries
Whether or not your case ends up going to trial, or gets settled before trial, is unfortunately very unpredictable. It’s generally decided on a case by case basis, and there’s a lot of different factors that play a part. We never take a case, assuming from the beginning, that it’s going to settle. We only take cases that we believe we can take to trial and successfully win. The factors that play a part into whether or not settles can include the insurance company. In many cases there is an insurance company that provides insurance to the doctor, and it’s often the insurance company that’s making the decision – whether the case will be settled and for how much. There is also the defense attorney. The defense attorney representing the healthcare provider may have a lot of input as to whether or not the case settles. There’re many times we have cases that we consider to be really strong, but you would be surprised at how persistent, sometimes, the defenses are. That may make a case drag on and frequently go to trial. Another factor that could play a part in whether or not a case settles is the healthcare provider, or the doctor him/herself. There is such a thing as a consent insurance policy. Those policies require that the insured – the doctor, decide whether or not a case gets settled and for how much. In the end, there are a lot of factors that play a part in whether or not a case is going to settle. We’re trial attorneys and are prepared to take the case to trial, or settle it, if that’s in your best interest.
***The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such.
You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.